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Articles 1 - 30 of 32
Full-Text Articles in Law
When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro
When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro
Washington and Lee Journal of Civil Rights and Social Justice
Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.
Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper
Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper
Washington and Lee Journal of Civil Rights and Social Justice
In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the “best of the best”. It is a cultural celebration that symbolizes friendly competition and showcases students’ pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (“HBCUs”) have been battling for legitimacy in America’s higher education system. From the beginning, HBCUs were often the only place African Americans could receive an education. Today, HBCUs are known for creating some of the most successful Black graduates and serve as a safe haven for Black students seeking an education in an …
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
Washington and Lee Journal of Civil Rights and Social Justice
On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Washington and Lee Journal of Civil Rights and Social Justice
The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …
Pandemic Silver Lining: Discovering The Reasonableness Of Remote Learning As An Accommodation Under The Ada, Kaitlyn Barciszewski
Pandemic Silver Lining: Discovering The Reasonableness Of Remote Learning As An Accommodation Under The Ada, Kaitlyn Barciszewski
Washington and Lee Journal of Civil Rights and Social Justice
As society returned to “normal” following the worldwide pandemic caused by the outbreak of COVID-19, higher education students around the world could be heard celebrating and warmly welcoming their return to in-person classes. With this return came the face-to-face social interactions most longed for through the worldwide lockdown with friends, classmates, and professors. Some may even feel that in-person learning is more effective than what had become the norm––Zoom university. At this moment, however, these institutions can and should evaluate the potential benefits and continued utility of this alternate way of doing higher education that was forced upon them for …
High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg
High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg
Washington and Lee Journal of Civil Rights and Social Justice
Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled -- the public shaming for remarks that are deemed racist -- has had a chilling effect on having meaningful conversations about racism. What lost opportunities!
This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping …
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Washington and Lee Journal of Civil Rights and Social Justice
2021 Louise Halper Award Winner for Best Student Note
The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …
Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos
Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the Individuals with Disabilities Education Act’s requirement that all children between the ages of three and twenty-one are provided a free and appropriate public education. This Note focuses on the relief available for students who are either older than twenty-one or who received a high school diploma, but who did not receive a free and appropriate public education. After delving into the remedy of compensatory education, this Note proposes the Office of Special Education and Rehabilitative Services of the Department of Education promulgate a new regulation that includes vocational training and services as a specific remedy under …
Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson
Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson
Washington and Lee Journal of Civil Rights and Social Justice
Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing good ideas …
Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson
Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens
Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead
Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam
Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland
Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What The Governor’S Panel Learned, Aradhana "Bela" Sood
What The Governor’S Panel Learned, Aradhana "Bela" Sood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Appropriate Responses Of Campus Security Forces, Donald Challis
Appropriate Responses Of Campus Security Forces, Donald Challis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Detecting And Engaging At-Risk Students, Ann P. Haas
Detecting And Engaging At-Risk Students, Ann P. Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Limited English Proficiency Students Left Behind, Kristen L. Depowski
Limited English Proficiency Students Left Behind, Kristen L. Depowski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Charitable Giving: An Analysis And Extension Of Justice Powell's Jurisprudence, Andrew Dana
Charitable Giving: An Analysis And Extension Of Justice Powell's Jurisprudence, Andrew Dana
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore
I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald
The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
At Loggerheads: The Supreme Court And Racial Equality Inpublic School Education After Missouri V. Jenkins, Roberta M. Harding
At Loggerheads: The Supreme Court And Racial Equality Inpublic School Education After Missouri V. Jenkins, Roberta M. Harding
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.